(a) When the Responsible Official determines that an emergency exists that makes it necessary to take urgently needed actions before preparing a NEPA analysis and any required documentation, in accordance with the provisions in Sec. Sec. 1216.305 and 1216.307 of this subpart, then the following provisions apply:
(1) The Responsible Official may take urgently needed actions that are necessary to control the immediate impacts of the emergency needed to mitigate harm to life, property, or resources. When taking such actions, the Responsible Official shall, to the extent practical, mitigate foreseeable adverse environmental impacts.
(2) [Reserved]
(b) At the earliest practicable time, the Responsible Official shall also notify the SEO of the emergency situation and the action(s) taken. The SEO will determine the appropriate NEPA action associated with the urgent actions taken as a result of the emergency. If the urgent actions will reasonably result in significant environmental impacts, the SEO will consult with the CEQ to ensure compliance with 40 CFR 1506.11 as soon as is reasonable.
(c) If the Responsible Official proposes emergency actions which continue beyond the urgent actions taken as a result of the emergency, and these actions are not categorically excluded, the Responsible Official will consult with the SEO to determine the appropriate level of NEPA compliance. If continuation of the emergency actions will reasonably result in significant environmental impacts, the SEO will consult with the CEQ to ensure compliance with 40 CFR 1506.11 as soon as is reasonable. Sec. Appendix A to Subpart 1216.3 of Part 1216--Acronyms and Definitions CatEx Categorical ExclusionCEQ Council on Environmental QualityCFR Code of Federal RegulationsCWA Clean Water ActCZMA Coastal Zone Management ActDoI (U.S.) Department of the InteriorEA Environmental AssessmentEMD Environmental Management DivisionEIS Environmental Impact StatementFONSI Finding of No Significant ImpactFR Federal RegisterGSA General Services AdministrationNEPA National Environmental Policy ActNHPA National Historic Preservation ActSEO Senior Environmental OfficialOGC Office of the General CounselPPO Planetary Protection OfficeREC Record of Environmental ConsiderationROD Record of DecisionU.S.C. United States Code
Definitions 1. A2 Mission Multiple--The A2 Mission Multiple is a calculated value based on the total amount of radioactive material being launched. This value is used in defining the level of review and approval required for launch.2. Earth Return Mission (also known as a Sample Return)--A subcategory of missions that would collect extraterrestrial materials from solar system bodies and return them to Earth.3. NASA Senior Environmental Official--The Senior NASA Headquarters Official responsible for providing executive and functional leadership for environmental compliance. As of January 1, 2011, the SEO is the Assistant Administrator for Strategic Infrastructure.4. Record of Environmental Consideration--A brief document that is used to describe a proposed action, identify the applicable categorical exclusion, and explain why further environmental analysis is not required.5. Restricted Earth Return--A subcategory of Earth Return Missions which requires additional measures to ensure that any potential indigenous life form would be contained so that it could not impact humans or Earth's environment.6. Space Flight Projects/Programs--Those NASA actions that develop products intended for use in space and/or that support ground and space operations for products in space.7. Unrestricted Earth Return--NASA Procedural Requirements define this as a subcategory of Earth Return Missions that would collect extraterrestrial materials from solar system bodies (deemed by scientific opinion to have no indigenous life forms) and return those samples to Earth. No planetary protection measures are required for the inbound (return to Earth) phase of the mission.